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Revising Condominium Documents Before the Closing--Be careful what you wish for!!!
Recently, an engagement representing a young couple purchasing one Unit of a two unit condominium in the process of being converted from a two-family home, presented a unique situation for my firm. Because the documents had not been recorded, we could comment on their content and make sure that all aspects of the documents were consistent with Massachusetts condominium law and the understandings of the parties.
Initially, this exercise proceeded on a course which was positive. Our careful review of the documents reviewed some internal inconsistencies, some typographical errors and an inconsistency between the floor plans and the language of the Master Deed. With the cooperation of the woman who drafted the documents, we made the necessary changes to the documents, and we believed we were in a position to close on the Unit in question a few weeks ago.
Here is where the "be careful what you wish for" comes in. Our clients, a nice couple with good intentions, seized on certain aspects of the Condominium rules, no less, to make the review controversial. They had real concerns about where people could smoke, and they wanted assurances about the fact that they could have a fenced in area in the rear of ... more

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